Ordinance No. 5,05380714 -5
® ORDINANCE NO. 5053
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL
DISTRICT AGREEMENT WITH EXXON CORPORATION AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby authorizes and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Industrial
District Agreement with Exxon Corporation. A copy of said
agreement is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 14th day of July,
®1988.
ET 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
® RANDALL B. STRONG, C Attorney
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INDUSTRIAL DISTRICT AGREEMENT BETWEEN
EXXON CORPORATION
AND
CITY OF BAYTOWN, TEXAS
® This Agreeme
BAYTOWN, Texas, a
hereinafter also
CORPORATION, a New
business in the
"Company."
nt is made
municipal
referred
Jersey co
State of
and entered into between the CITY OF
corporation in Harris County, Texas,
to as "Baytown" or "City," and EXXON
rporation, with a permit to engage in
Texas, hereinafter referred to as
W I T N E S S E T H:
WHEREAS, Baytown has a history of cooperating with
industries located within and near its city limits; and
WHEREAS, the City Council of the City of Baytown is of the
considered opinion that such cooperation results in economic
growth and stability for Baytown and its adjacent areas; and
WHEREAS, the Texas Legislature in 1963 adopted the
"Municipal Annexation Act," Article 970a, Revised Civil Statutes
of Texas, (now TEX.L.GOV'T.CODE ANN. § 42.044) which provides for
the creation of Industrial Districts within the extraterritorial
jurisdiction of cities; and
WHEREAS, pursuant to such Municipal Annexation Act and in
the interest of further cooperation with industry and the
economic enhancement of Baytown, the City of Baytown enacted
Ordinance No. 886, dated the 14th of September, 1967, designating
® a part of its extraterritorial jurisdiction as an Industrial
District known as Baytown Industrial District No. 1; and
WHEREAS, the City Council desires that all of Exxon
Corporation's Baytown Plant and facilities except for that which
EXHIBIT A
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® is located in the areas annexed as described in Appendix A, be
included in the Baytown Industrial District No. 1, and further
desires to enter into this contractual agreement with Exxon
® Corporation for this purpose; and
WHEREAS, Exxon Corporation's Baytown Plant and facilities
includes both real and personal property used in its refining and
chemical manufacturing and research facilities, and includes any
office facilities used in direct support of these operations and
either situated contiguous thereto or separated by public roads;
NOW THEREFORE,
In consideration of the promises and of the mutual
convenants and agreements herein contained, it is agreed by and
between the Company and the City of Baytown as follows:
1. The City of Baytown hereby agrees that all of the land
and improvements thereon owned, used, occupied, leased, rented or
possessed by the Company within the area designated as Baytown
Industrial District No. 1 by Ordinance No. 886 and amendments
thereto shall continue its extraterritorial status as an
Industrial District and shall not be annexed by the City of
Baytown nor shall the City attempt to annex, or in any way cause
or permit to be annexed any of such property during the term of
this Agreement, except for such parts of Company's property as
may be necessary to annex in order to annex property owned by
third parties within the Industrial District that the City may
® decide to annex. The City further agrees, promises and
guarantees that during the term of this Agreement the City of
Baytown shall not apply or purport to apply any ordinance, rule
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® or regulation to either the Industrial District area described in
Appendix A or certain portions of Exxon Corporation's Baytown
Plant and facilities which have been annexed by the City of
® Baytown, which areas, both annexed and otherwise, are jointly
described in the map attached as Appendix B, except as relating
to noise, vibration, drainage or flood control, and pollution
performance standards as hereinafter provided. Specifically, but
without limitation, the City agrees, promises and guarantees that
it will not extend to the property described by Appendix B any
ordinance, rules or regulation (a) governing plats and the
subdivision of land; (b) prescribing any zoning, building,
electrical, plumbing or inspection code or codes; and (c)
attempting to exercise in any manner whatsoever control over the
conduct of the Company's business thereof. The Company shall not
be required to obtain building permits for construction of
structures located on property within the area described by
Appendix B, but the Company does agree that any structure built
within the area described by Appendix B shall be built in
accordance with the latest edition of the Southern Standard
Building Code. The City further agrees that during the term of
this Agreement it will not levy or purport to levy ad valorem
taxes against any real or personal property owned, used,
occupied, leased, rented, or possessed by the Company within the
Industrial District.
2. It is further agreed that during the term of this
Agreement the City of Baytown shall not be required to furnish
municipal services to the Company's Baytown Plant, which are
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located within the Industrial District or the annexed areas noted
in Appendix B, and which are ordinarily and customarily supplied
by the City to property owners within its boundaries except as
provided by mutual agreement. Specifically, but without
® limitation, it is agreed that the City of Baytown shall not be
required to furnish (1) sewer or water service, (2) police
protection, (3) fire protection (4) road or street repairs, and
(5) garbage pickup service.
3. The Company and the City of Baytown recognize that in
the past the Company has paid to the City a share of the needed
revenue for operating the City and providing services for its
residents. It is further recognized that during the next
succeeding seven years the City of Baytown will experience
population growth as a result of industrial expansion which will
necessitate increased revenue to provide expanded services and
facilities. In view of this increased need for revenue,
beginning in 1988, the Company agrees to pay the City of Baytown
an Industrial District payment on or before December 31st of each
year during the term of this Agreement, such payment to be
calculated on the basis of the below stated formula:
A. In applying the below stated formula, the following
definitions shall apply;
1) Full Value Payment: The fair market value as
determined by the City, of all of the Company's
Baytown Plant within the corporate limits or
extraterritorial jurisdiction of the City, X .40 X
® the property tax rate per $100.00 of assessed
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valuation adopted by the City Council for the City
of Baytown for financing the fiscal year in which
such December due date falls.
2) Tax Payment: The amount paid by the Company to the
City of Baytown as ad valorem taxes on that portion
of the Company's Baytown Plant within the City
limits. The tax payment shall be based on the
value determined by the Harris County Appraisal
District or such other appraisal district as may
succeed the Harris County Appraisal District in
assessing property for the City.
3) Industrial District Payment: Amount paid by the
Company in lieu of taxes pursuant to this
Agreement, which amount shall not include the tax
payment paid by the Company.
B. The Company's Industrial District payment shall be
calculated each year in the following manner using the above
definitions:
Full Value Payment
- Tax Payment
Industrial District Payment
C. The appraised value for tax purposes of the annexed
portion of land, improvements, and tangible personal property
shall be determined by the Harris County Appraisal District. The
parties hereto recognize that said District is not required to
appraise the land, improvements, and tangible personal property
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in the unannexed area for the purpose of computing the Industrial
payments hereunder. Therefore, the parties agree that to
determine the fair market value of all of the Company's Baytown
® Plant for the purpose of calculating the Industrial District
payment in the manner described above, the appraisal of the land,
improvements, and tangible personal property in the Company's
Baytown Plant, the City may choose to use an appraisal of the
Harris County Appraisal District, or an appraisal conducted by
the City of Baytown, and/or an independent appraiser of the
City's selection, and at the City's expense. This value shall be
used in determining the full value payment described above.
Nothing contained herein shall ever be construed as in derogation
of the authority of the Harris County Appraisal District to
40 establish the appraised value of land, improvements, and tangible
personal property in the annexed portion for ad valorem tax
purposes.
D. It is agreed by the parties that the City has the
power
to and shall create an Industrial District Review Board
which
shall carry out the duties designated to it in this Agreement.
E. If any disagreement arises between the Company
and
Harris County Appraisal District that results in a delay
in the
determination of Company's fair market value, the Company
shall
pay to the City of Baytown on the due date the same amount
which
was paid to the City for the last preceding period as to
which
there was no controversy concerning the fair market value
of the
Company. Adjustments to this amount shall be made within
thirty
(30) days of the resolution of the disagreement.
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4. Determination of City and Industrial District fair
market values, in the above stated manner, shall be made by the
City of Baytown and approved by the Industrial District Review
® Board. Such final fair market value as approved by the
Industrial District Review Board shall be subject to exception by
the Company and should the Company take exception to the fair
market value of such property as determined by the Board and
should the Board and the Company be unable, through negotiations,
to reach a mutually acceptable fair market value on or before
September 1 of the calendar year in which such December 31 due
date falls, then either party may request determination of such
disagreement by a mutually acceptable arbitrator. The costs of
such arbitrator shall be shared equally by the City of Baytown
and the Company, and such arbitrator's determination shall be
final and binding unless either party within thirty (30) days
after such arbitrator's determination is received by the parties,
petitions for a Declaratory Judgment to the Civil District Court
of Harris County, Texas, as provided for by Section 5 hereof.
Should the parties be unable to agree upon a mutually
acceptable arbitrator, each party shall nominate one arbitrator
and the arbitrators so nominated by the parties shall select a
third arbitrator who will act with them as a three member
arbitration panel to decide the disagreement between the parties
by the concurrence of a majority of such panel. Such arbitrator
® or arbitration panel shall determine whether the fair market
value of such property is as contended by the Industrial District
Review Board, by the Company, or some intermediate value. The
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® cost of such arbitration shall be shared equally by the City of
Baytown and the Company, and such panel's determination shall be
final and binding unless either party within thirty (30) days
® after such determination is received by the parties, petitions
for a Declaratory Judgment to the Civil District Court of Harris
County, Texas, as provided for by Section 5 hereof.
In determining the fair market value of property and
improvements as used herein, the Industrial District Review Board
and any arbitrator or arbitration panel shall base its
determination on the replacement cost of comparable present day
facilities considering and giving effect to sound engineering
valuation practices relative to service life, life expectancy,
process and functional obsolescence.
5. If any disagreement arises between the parties
concerning the interpretation of this Agreement or the decisions
of the arbitrator or arbitration panel provided for hereunder, it
is agreed that either of the said parties may petition any Civil
District Court of Harris County, Texas, for a Declaratory
Judgment determining said controversy and the cause shall be
tried as other civil causes in which the Plaintiff must establish
by a preponderance of the evidence the correct interpretation of
valuation. Pending final determination by either arbitration or
declaratory judgment of said controversy, the Company shall pay
to the City of Baytown on the due date the same amount which was
paid to the City for the last preceding period as to which there
was no controversy concerning the amount owed by the Company to
the City. The Company agrees to tender the amount of potential
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® liability to the registry of the Civil District Court, Harris
County, Texas, pending final determination of the controversy
beyond any further appeal.
6. All payments to the City of Baytown provided herein
® shall be made to the City at the City Hall in Baytown, Texas. If
any payment is not made on or before the due date, the same
penalties, interest, attorneys' fees and costs of collection
shall be recoverable by the City as would be collectible in the
case of delinquent ad valorem taxes; provided, however, that this
sentence shall not apply to any payment which may be found to
have been deficient as the result of proceedings provided for in
Section 5 hereof. The City shall have a lien upon the Company's
property upon any delinquency in Industrial District payment.
7. If any other municipality attempts to annex any land or
property owned, used, occupied, leased, rented or possessed by
the Company within the area designated as Baytown Industrial
District No. 1, or if the creation of any new municipality should
be attempted so as to include within its limits such land or
property, the City of Baytown shall, with the cooperation of the
Company, seek injunctive relief against any such annexation or
incorporation, and shall take such other legal steps as may be
necessary or advisable under the circumstances. The cost of such
legal steps, including attorneys' fees (other than the City
Attorney) retained by mutual agreement of the parties, shall be
paid by the Company. Should the City refuse or fail to comply
® with its obligations under this paragraph, the Company shall have
the right to seek such legal or equitable relief as it deems
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necessary or advisable in its own name or in the name of the City
and, if necessary, the Company may join the City as a party to
such legal action.
If the City and the Company are unsuccessful in preventing
® any such attempted annexation or incorporation, the Company shall
have the right to terminate this Agreement as to any property so
annexed or incorporated retroactive to the effective date of such
annexation or incorporation, or the Company may continue this
Agreement in full force and effect; provided, however, that the
Company's right to terminate this Agreement must be exercised
within thirty (30) days after Judgment upholding such annexation
or incorporation becomes final beyond further appeal. If any
payment is made by the Company to the City of Baytown after the
effective date of such annexation or incorporation and if the
i� Company elects to terminate this Agreement as above provided,
then as to such property so annexed or incorporated such payment
shall be refunded by the City to the Company.
8. The City of Baytown and the Company mutually recognize
that the health and welfare of Baytown residents require
adherence to high standards of quality in the air emissions,
water effluents and noise, vibration and toxic levels of those
industries located in the Baytown Industrial District No. 1, and
that development within the District may have an impact on the
drainage of surrounding areas. To this end, the Company and the
City agree that the same standards and criteria relative to noise
® and vibration, which are adopted by the City and made applicable
® to portions of the City adjacent to the Company's Baytown Plant
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shall also be applicable to the plant within the Industrial
District. The Company agrees to comply with Harris County Flood
Control Standards regarding drainage and flood control, and such
standards shall be applied to all property of the Company,
whether it is within the Industrial District or within the
corporate limits of the City. Compliance with Harris County
Flood Control standards shall be deemed as compliance with City
standards. The Company further agrees to abide by the rules and
regulations and the permits issued to it by the Environmental
Protection Agency, the Texas Water Commission, the Texas Air
Control Board, and any other governmental agency having legal
authority in these matters. In this connection, it is recognized
between the parties that these agencies are charged with the
responsibility for enforcing air and water quality standards, and
it is agreed that so long as the Environmental Protection Agency,
the Texas Water Commission the Texas Air Control Board, and
other related agencies are charged with such responsibility,
nothing contained herein shall be construed to impose upon the
City of Baytown any responsibility, authority or right, by
termination of this Agreement or otherwise to enforce any
standards relative to air and water quality or waste disposal as
are established by law, rule, regulation or permit. It is also
agreed that no violation of any standards or criteria adopted by
the City shall be a reason for termination of this Agreement.
9. This Agreement shall be for a term of seven (7) years
from the date this instrument is executed and for such additional
is
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period or periods of time as provided by the Texas Municipal
Annexation Act and mutually agreed upon the parties hereto.
This Agreement shall further terminate and replace that
® certain Industrial District Agreement entered into between the
Company and the City of Baytown, dated June 29, 1981.
10. The benefits accruing to the Company under this
Agreement shall also extend to the Company's "affiliates" and to
any properties owned or acquired by said affiliates within the
area encompassed by Industrial District No. 1, and where
reference is made herein to land, property and improvements owned
by the Company, that shall also include land, property and
improvements owned by its affiliates. The "affiliates" as used
herein shall mean all companies with respect to which the Company
directly or indirectly through one or more intermediaries at the
time in question, owns or has the power to exercise the control
over fifty (50 %) percent or more of the stock having the right to
vote for the election of directors.
11. It is agreed by the parties to this Agreement that only
full, complete and faithful performance of the terms hereof shall
satisfy the rights and obligations assumed by the parties and
that, therefore, in addition to any action at law for damages
which either party may have, the Company may enjoin the enactment
or enforcement of any ordinance or charter amendment in violation
of, or in conflict with, the terms of this Agreement and may
® obtain such other equitable relief, including specific
® performance of the Agreement, as is necessary to enforce its
�I rights. It is further agreed that should this Agreement be
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® breached by the Company, the City shall be entitled, in addition
to any action at law for damages, to obtain specific performance
of this Agreement and such other equitable relief necessary to
enforce its rights. However, nothing contained herein shall be
® construed to give the City any right to terminate this Agreement
on the basis of the Company's violation of any standard or
criteria relative to air emissions, water effluents, noise,
vibration, or toxic levels, or drainage and flood control
established by any law, ordinance, rule, regulation or permit.
12. In the event the terms and conditions of this Contract
are rendered ineffective or their effect changed by the
Constitution, any Legislative changes, or any interpretation of
the Texas Property Tax Code by the State Tax Assessment Board,
both parties mutually agree that said Contract shall be
renegotiated to accomplish the intent of this Agreement.
EXECUTED IN DUPLICATE ORIGINALS this the day of
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EXXON CORPORATION
ATTEST:
SECRETARY
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By
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EILEEN P. HALL, City Clerk
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CITY OF BAYTOWN
EMMETT 0. HUTTO, Mayor
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APPr:.,'DIX A
TRACT NO. 1 = E }'ON COkPORATION; BAYTOn'N PLANT AND FACILITIES
' SITE NOT NOW 11; CITY LIMITS OF CITY OF BAYTOVN:
BECI \'KING at the point of intersection of the west right -of -way line of Harbor
Street with the north line of the Houston Lighting b Power Company tract in t '-_a
City of Baytown, Wm. Scott Upper League, Harris County, Texas, said POI::T OF
BECINNI\G being further described as situated south 32 °19' west a distance of
49.5 feet from the point of intersection of the aforesaid street west right -of-
way line and the north right-of-way line of Dayton Street, and said point of
® intersection of streets described as lying north 20 °28' west a distance of
74;6 feet from the northwest corner of Block 1 in Airhart Addition, :Nm. Scott
Upper League, Harris County, Texas, and said point of intersection of the afore-
Upper point of intersection of the aforesaid street property lines being known as
point No. 35 in,the City Limits of Baytown, formerly Pelly, as adopted by the
City Council of Ordinance dated April 17, 1947, said point of intersection being
further identified by Exxon Refinery Coordinate System as being north 5954.95,
and west 1026.11 and lying Qn the southern boundary line of the Exxon Company,
H ;S ;A; Baytown Refinery Plant Site;
THENCE; north 32 °18' east into the private property of the aforesaid Exxon Bayto:�
Plant site with a line parallel to and 1.04 feet easterly from the centerline of
i privaie,road_ identified as East Avenue and its southern projection for a dis-
tance of 1795.04 feet to the centerline of a private road identified as Humble
Street;
THENCE, north 57 042' west with the aforesaid centerline of Humble Street,
1043 ;49 feet io the centerline of a private load identified as Baytown Avenue.
THENCE; north 32 018' east with the aforesaid centerline of Baytown Avenue,
1636;17 feet to the centerline of a private road identified as Fannin Street
�iiihin the Baytown Refinery property;
THENCE, north 57 °42' west with ifie aforesaid centerline of Fannin Street,
i075 ;40 feet to the centerline of a private roadway identfied as San Jacinto
Avenue;
THENCE; north 32 018' east approximately 1756.8 feet to the intersection of the
centerline of the aforesaid San Jacinto Avenue and the south right =of =way lire
of the Wooster =Cedar Bay-on Road;
THENCE, south 86 613' west a distance of 61.87 feet along the south iight=of=
iaay line of the Wooster-Cedar Bayou Road to a point, said point being the inter=
section of the east_propery line of the Consolidated Chemical Property and the
96ath right =of =way line of the Wooster:-Cedar Bayou Road;
TAENCE;.south 32 °18' vest along the east property line of the Consolidated
Etieiaical property a distance of 101.89 feet io a point for c6iiier;
THENCE; north.32 °18 minutes east a distance of 629.26 feet to a point on the
sontTi
-0 ay line of the_FTooster =Cedar Bayou Road, and continuing on the
same coarse a distance of 12;37 feet to a point for corner, said point being
Lea feet perpendicularly from the south right =of =way line of the Wooster =Cedar
Bayou Road;
THENCE; north 86 °13' east; ten feet from and parallel to the south right =of =asy
line of the Wooster =Cedar Bayou Road a distance of 187.95 feet to a point for
. :orner on the centerline of San Jacinto Avenue as projected across the Wooster-
Cedar Bayou Road;
THENCE, continuing northerly with the centerline of the aforesaid San Jacinto
Avenue and its deviations approximately 1392.9 feet to an angle point; said
Point being identified by the Fumble Refinery Coordinance System as north
12;558:00 and west 3;100:00;
THENCE, north 57 °42' vest; 605.83 feet to an angle point;
THENCE, north 32 818' cast, 300.00 feet to an angle point;
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THENCE, north 57 °42' west 849.25 feet to an angle point;
THENCE, south 20 °56' west with the west line of said Defense Plant Corporation
81.34 acre tract 1741.61 feet to the southwest corner of said 81.34 acre tract,
being situated in the north right -of -way line of Cedar Bayou - Wooster Road and
perpendicular 40 feet from the East line of the Sweeney Subdivision;
THENCE, southerly over and across Cedar Bayou - Wooster Road to the northwest
corner of Defense Plant Corporation 58.299 acre tract;
THENCE, south 20'52' west with the west line of said Defense Plant Corporation
58.299 acre tract at 491.91 feet the most western corner of the Defense Plant
Corporation tract and continuing on said line to the point of intersection of
said west line of Defense Plant Corporation 58.299 acre tract projected south
20'52' west and the northeasterly right -of -way line of Market Street Road;
THENCE, southerly with the northeasterly right -of -way line of Market Street Road
to the point of intersection of the northeasterly right -of -way line of Market
Street Road and the south line of the Defense Corporation 58.299 acre tract
projected north 87'44' west;
'WHENCE, south 87644' east past the southwesterly corner of the Defense Plant
Corporation 58.299 acre tract, continuing south 87'44' east 1733.75 feet to
the west right -of -way line of the Houston North Shore Railroad;
Thence, south 11'43' west with the west right -of -way line of said Houston
North Shore Railroad to a point, said point further described as lying north
® 32'19' east 715 feet from the north line of the Houston North Shore Railroad
8.8 acre easement projected north 57'41' west;
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THENCE, north 32'18' east 1234.27 feet to a point in the south•.:esterly right -
of -way line of Decker Drive, said point being identified by the Exxon Re`inery
Coordinate System as north 14,102.27 and west 4,555.03;
®
THENCE, northwesterly with the southwesterly right -o_` -way line of Decker Drive
to the point of intersection of the southwesterly right -of -may line of Decker
Drive with a line which is parallel to and 100 feet southerly and perper icular
to the north line of the Wm. Scott Upper League;
THENCE, westerly parallel to the north line of the Wm. Scott Upper League but
southerly and perpendicular 100 feet distance therefrom to point, said point
being situated south 00'40' east 100 feet and north 89 °20' east 100 feet fro=
®
the point of intersection of the north line of the Wm. Scott Upper League and
the east line of the Steinman Tract;
THENCE, south 00'40' east parallel to the east line of the Sieinmar. Tract but
perpendicular 100 feet distance therefrom to a point opposite an angle point in
the Steinman Tract east line and continuing south 21'10' west parallel to but
easterly 100 feet perpendicular to the east line of the Steinman Tract to the
northwest corner of Defense Plant Corporation 47.81 acre tract now owned by the
Union Carbon Company;
THENCE, south 87044' east a distance of 674.0 feet;
THENCE, south 02'16' west a distance of 461.0 feet;
THENCE, north 87'44' west a distance of 701.50 feet;
THENCE, south 02'16' west a distance of 739.0 feet;
THENCE, north 87044' west a distance of 579.54 feet to the southwest corner of
aforesaid 47.81 acre tract, said corner being situated 100 feet easterly from
the east line of Sweeney Subdivision;
THENCE, southwesterly over and across a 100 foot strip owned by the Exxon
Corporation to the northwest corner of Defense Plant Corporation 81.34. acre
tract;
THENCE, south 20 °56' west with the west line of said Defense Plant Corporation
81.34 acre tract 1741.61 feet to the southwest corner of said 81.34 acre tract,
being situated in the north right -of -way line of Cedar Bayou - Wooster Road and
perpendicular 40 feet from the East line of the Sweeney Subdivision;
THENCE, southerly over and across Cedar Bayou - Wooster Road to the northwest
corner of Defense Plant Corporation 58.299 acre tract;
THENCE, south 20'52' west with the west line of said Defense Plant Corporation
58.299 acre tract at 491.91 feet the most western corner of the Defense Plant
Corporation tract and continuing on said line to the point of intersection of
said west line of Defense Plant Corporation 58.299 acre tract projected south
20'52' west and the northeasterly right -of -way line of Market Street Road;
THENCE, southerly with the northeasterly right -of -way line of Market Street Road
to the point of intersection of the northeasterly right -of -way line of Market
Street Road and the south line of the Defense Corporation 58.299 acre tract
projected north 87'44' west;
'WHENCE, south 87644' east past the southwesterly corner of the Defense Plant
Corporation 58.299 acre tract, continuing south 87'44' east 1733.75 feet to
the west right -of -way line of the Houston North Shore Railroad;
Thence, south 11'43' west with the west right -of -way line of said Houston
North Shore Railroad to a point, said point further described as lying north
® 32'19' east 715 feet from the north line of the Houston North Shore Railroad
8.8 acre easement projected north 57'41' west;
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71'.ENCE, over and across Houston North Shore right -of -way line of which ccntcr-
line is situated south 32 °19' east 854.6 feet, north 57 °41' west 6885.5 fee*_,
north 32 °19' east 619.62 feet, north 11 °43' east 133.9 feet from the northeast
- corner of the Houston Lighting b Power Company tract, to the west line of Exxon
Fefinery property continuing on a line situated north 32 °19' east 715 feet from
®
the north line of the Houston North Shore Railroad 8.8 acre easement to the point
of intersection with the north line of said Houston Lighting L Power Company
tract;
THENCE, easterly with the north line of said Houston Lighting b Power Company
tract to the POINT OF BEGINNING.
TRACT NO. 2 - E)CCON CORPORATION BAYTOVI+ PLANTS AND FACILITIES
SITE NOT NOW IN CITY LIMITS OF CITY OF BAYTO'.N :
BEGINNING at the most westerly southwest corner of the Harvey Whiting Survey,
being also the northwest corner of the Wm. Scott Upper League;
TF.ENCE, northerly along the west line of the Harvey Whiting Survey to the
south right -of -way line of Baker Road;
THENCE, easterly along the south right -of -way line of Baker Road to a point of
intersection with the easterly right -of -way line of the Missour Pacific Railroad;
THENCE, southwesterly along the easterly right-of-way line of the P;issouri Pacific
Railroad, being also the westerly property line of the Texas Eastern Transmission
Corporation property, to a point of intersection with the northeast line of the
East Canal of the San Jacinto River Project;
THENCE, in a southeasterly, south and southwesterly direction along the westerly
property line of the Texas Eastern Transmission Corporation property and the
east line of the East Canal of the San Jacinto River Project to the south line
of the Harvey Whiting Survey, same being the north line of the Wm. Scott Upper
League;
THENCE, in a westerly direction along the south line of the Harvey Whiting
Survey to the POINT OF BEGINNING.
TRACT NO. 3 - EXXON CC7,PORATION BAYTOWV PLANTS AND FACILITIES
NOT NOW IN CITY LIMITS OF CITY OF BAYTOWN:
BEGINNING at a 3/4 =inch iron rod in the south right -of -way line of Park Street,
formerly known as First Street, at the northwest corner of Busch Terrace Sub-
division according to the plat thereof recorded in Volume 9, Page 10, Map
Records, Harris County, Texas:
THENCE, south 31'55' west (called south 34' west) with the west line of said
-Busch Terrace Subdivision 125 feet to the southwest corner of Lot 1, Block 1 of
said Busch Terrace Subdivision;
THENCE, south 58 °05' east (c =alled south 56' east), parallel with and 125 feet
south of the south line of Park Street, 1,118 feet to the northeast corner of
Lot A, Block 5 of Busch Terrace Subdivision;
THENCE, parallel to and 100 feet west of the west line of Airhart Drive (formerly
known as Baytown Avenue) South 31'55' west (called south 34° west) 1,855 feet
to a point in the south line of Dorris Street (formerly known as Goose Creek
Avenue) for the northeast corner of Lot 4, Block 38 of said Busch Terrace
Subdivision;
THENCE, south 32'08' west (ceded south 33'47' west), alcng a line bisecting
Blocks 38, 43, and a portion of 48 of aforesaid subdivision, 1,339.1 feet to
a point on the boundary between and 19 feet south of the most northerly cornon
corner of Lots 1 and 20. Block 48 of said subdivision, said point also bung
on the project centerline of a private road identified as Fannin Street of
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Exxon Co:,pany, U.S.A., Baytown Refinery;
THENCE, north 58605' west (called north 56' west), at 1,112.83 feet pass
the west line of the Busch Terrace Subdivision, in all 2,182.43 to the point of
intersection of the centerlines of Fannin Street and Baytown Avenue in Exxon
Company, U.S.A., Baytown Refinery;
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THENCE, north 58 °05' west (called north 57 °42' vest) aloao the centerline of
Fannin Street a distance of 1,075.40 feet to the ;):,in; of ir.tersect:_n of tl;e
centerlines of Fannin Street and San Jacinto Avenue in Exxor. Co' ?any, U.S.A.,
Baytown Refinery;
® THENCE, with the centerline of San Jacinto Avenue north 31 °55' (called N. 32°
18' E.) east 1,756.8 feet to a point in the south line of Park Street;
THENCE, with the south line of Park Street north 85 °51' east 165.89 feet;
THENCE, south 4 °40' east 211.34 feet;
® THENCE, south 58 000' east 26.87 feet;
THENCE, north 85040' east 303.22 feet;
THENCE, north 31 °55' east 37.97 feet;
THENCE, north 85'51' east 73.51 feet;
THENCE, south 58'05' east 40 feet;
THENCE, north 31055' east 272.0 feet to a point in the south line of Park
Street;
THENCE, with the south line of Park Street north 85'51' east 1,872.59 feet to
the POINT OF BEGINNING.
TRACT NO. 4 - EXXON CORPORATION BAYTO`h'N PLANTS AND FACILITIES
SITES NOT NOW IN CITY LLHITS OF CITY OF BAYTOWN:
C=IENCING at a 4 -inch iron pipe at the northerly corner of Block 1 of the
Airhart Addition to the City of Baytown;
THENCE, south 31'55' 291.5 feet to a point in the north boundary of the Missouri
Pacific Railroad right -of -way;
® THENCE, north 58'15' west 110.0 feet to the point of curve of a curve to the left
having a radius of 856.14 feet;
THENCE along said curve a curvilinear distance of 572.6 feet to the POINT OF
BEGINNING of Tract 2 described herein;
THENCE, continuing along said V curve to the left 1.83 feet to the point of
tangency of said curve;
THENCE, south 83 *25',west 132 feet to the point of curve of a curve to the.
right having a radius of 599.12 feet;
THENCE, along said curve to the right a curvilinear distance of 218.36 feet
to the point of tangency of said curve;
THENCE, north 75'35' west 124.0 feet to the point of cure of a curve to the
right having a radius of 599.12 feet;
THENCE, along said curve to the right, 182.99 feet to tha point of tangency
of said curve;
THENCE, along the north right -of -way line of Missouri Pacific Railroad right -
of -way north 58 °05' west (called north 57'42' west) 4,197.13 feet to a point
in the centerline of West Avenue of Exxon Company, U.S.A., Baytown Refinery.
THENCE, north 31055' east with the centerline of said West Avenue 715 feet to
a point;
® THENCE, south 58'05' east (called south 57'42' east) parallel to and 715 feet
north of the north boundary of Missouri Pacific Railroad right -of -way a dis-
tance of 5,095.12 feet to a point;
THENCE, south 85'56' west 129.2 feet;
THENCE, south 83033' west 129.3 feet;
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THENCE, south 73 °20' west 129.3 feet;
THENCE, south 65 °31' west 129.3 feet;
• THENCE, south 3'10' west 43.03 feet to the POINT OF BECI: :KING.
TRACT VO. 5 - E)MON CO.RPORATION BAYTOMN FLAS:S AND FACILITIES
SITE NOT \OW IN CITY LI`SITS OF CITY OF BAYTOWN:
BEGINNING at the point of intersection of the north right -of -way line of
Missouri Pacific Railroad right -of -way easement and the centerline of the
$axon Company, U.S.A., Baytown Refinery street known as Wes: Avenue:
THENCE, north 31 °55' east with the centerline of said West Avenue 715 feet to
a point;
THENCE, north 58 °05' west (called north 57 °41' west) 1,600.35 feet to a point
on the east right -of -way line of the Missouri Pacific Railroad right -of -way
easement;
THENCE, with said railroad right -of -way easement south 11 °21' west (called south
11043' west) 348.11 feet to a point;
THENCE, south 5 °40' east 100 feet;
THENCE, south 11 °49' east 100 feet;
THENCE, south 17 °58' east 100 feet;
THENCE, south 24 °07' east 100 feet;
THENCE, south 30 °16' east 100 feet;
THENCE, south 35'58' east 85.69 feet;
THENCE, north 10 °23' east a distance of 20.00 feet to a point north 37.5 feet
perpendicular from the main line track of Missouri Pacific Railroad;
THENCE, to the left along a curve to the left having a radius of 917.43 feet
a curvilinear distance of 323.30 feet to the point of tangency of said curve;
THENCE, south 58'05' east 709.77 feet to the POINT OF BEGINNING.
TRACT NO. 6 - MON CORPORATION BAYTOIN PLANTS AND FACILITIES
SITE NOT NOW IN CITY LIMITS OF CITY OF BAYTOWN:
BEGINNING at*the southeast corner of that certain 58.30 acre tract conveyed to
Humble Oil & Refining Company by the United States of America, by deed dated
April 19, 1944, and recorded in Volume 2941, Page 218 of the deed records of
Harris County, Texas;
THENCE, along the south line of said tract north 87 °44' west 1,749.92 feet to
a point in the north right -of -way line of Bayway Drive;
THENCE, with said right -of -way line of Bayway Drive south 30 °23' east 492.3 feet
to the point of curvature of a curve to the right having a radius of 1,196.28
feet;
:'HENCE, along said curve to the right, a distance of 384.52 feet to the point
cf tangency of said curve;
THENCE, south 11 °58' east 666.2 feet to the point of curvature of a curve to
the left having a radius of 5,680.0 feet;
THENCE, along said curve to the left a distance of 188.36 feet to the point of
tangency of said curve;
THENCE, with said right -of -way line of Bayway Drive south 13 °52' east 873.65
feet to the point of curvature of a curve to the left having a radius of
1,096.28 feet;
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THENCE, with said curve to the left a distance of 614.57 feet to the point of
tangency of said curve;
TIIi` CE, south 44 °33' east 646.63 feet to point the curvature of a curve to the
® left having a radius of 1,096.28 feet;
THENCE, along said curve to the left a distance of 740:73 feet to the point of
tangency of said curve;
THENCE, south 83 °16' east 949.85 feet to the point of curvature of a curve to
the right having a radius of 1,196.28 feet;
® THENCE, along said curve a distance of 566.17 feet to the point of tangency of
said curve;
THENCE, south 56 °9' east 475.5 feet to a point in the north right= of -way line
of foresaid Bayway Drive;
THENCE, north 31 °55' east 1,268.1 feet to a point in the south right =of =way
line of the P'.issocri Pacific Railroad right -of =way easement;
THENCE, with said south right -of -way line north 58°05' west 3,024.2 feet to
the point of curvature of curve to the right having a radius of 977.43 feet;
THENCE, along said curve 293.78 feet to a point;
THENCE, south 10 °23' west 19.14 feet to a point 6n the south right =of =way line
of tbe.Missouri Pacific Railroad right -of =way;
THENCE, north 39 °6' west 100 feet;
THENCE, north 34 °2' west 100 feet;
THENCE, north 27 °51' west 100 feet;
THENCE, north 22 °15' west 100 feet;
® THENCE, north 16 023' west 100 feet;
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THENCE, north 10 030' west 100 feet;
THENCE, north 4 °42' west 100 feet;
THENCE, north 0 °58' east 100 feet;
THENCE, north 6 °35' east 255 feet;
THENCE, north 10 °32' east 48 feet to a point in the iii§t Tight =6f =way line of
the Missouri Pacific Railroad, said point being further described as being
715 feet north of the projecl.ion of the Missouri Pacific Railroad north right=
of -way line that bears north 58 °05' west (called north 57 °41' west);
THENCE, north 11 °21' east (called north 11 °42' east)- 486.1 feet to a point ih the
west right -of -way line of Mivsouri Pacific Railroad;
THENCE, south 87 °44' east 100 feet to the POINT OF BEGINNI14G.
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